Draft PWS Gdansk Poland.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORT OF GDANSK, POLAND

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

For

Military Operations Terminal

950th Transportation Company

08 September 2020

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 3

3.0 General Safety Requirements 8

4.0 General Contract Administration 14

5.0 Contractor General Requirements 27

6.0 Terminal Specific Requirements 41

Contract Performance Requirements Summary (PRS) Table 60

Appendix A Regulations, Publications, & Forms 61

Appendix B Glossary of Terms 65

Appendix C Payment Instructions 77

Appendix D List of Acronyms & Abbreviations 81

Appendix E Foreign Entity Vetting 83

Section 1

1. BACKGROUND AND SCOPE

1.1 Background. Military Surface Deployment and Distribution Command (SDDC), headquartered at Scott AFB, IL is a major U.S. Army Command and a vital component of the

U.S. Transportation Command. Since its establishment in 1965, SDDC has played a vital role in our nation’s defense by providing support to every war, major contingency, training exercise and humanitarian relief operation where our military forces have been deployed.

1.2 Scope. To provide Stevedoring and Related Terminal Services (S&RTS) in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. This

Performance Work Statement (PWS) will cover the full spectrum of handling surface moving cargo to include its receipt, disposition, and processing cargo for simultaneous shipments via multiple surface modes of transportation as designated by the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR) and Alternate Contracting Officer

Representative (ACOR).

**Note: Subsequent references to the COR throughout the PWS will assume also the ACOR as well, unless otherwise specified.

1.2.1 The Contractor shall provide all gear, equipment, materials, space, management and sufficient amounts of qualified labor to satisfy the full scope of stevedoring and terminal services in this contract and make every effort to rectify labor and equipment shortfalls, for which the

Government will compensate the Contractor by applicable commodity or man-hour rates as designated by the Schedule of Rates (SOR).

1.2.2 The Contractor shall obtain the required written approval from the Government for all work, services, or other terminal operations for which a task order number and ordering template will be issued. The Contractor will assume all expenses for any work performed outside of or without written authorization.

1.2.3 Upon the award of this contract, all work shall be performed IAW “best commercial practices”.

**Note: See Section 6 for additional specific geographic information and port specific requirements.

2. GENERAL SECURITY REQUIREMENTS

2.1 General security requirements of the Contractor are defined within this section.

Additional duties and requirements specific to the particular terminal(s) within the scope of this contract are further defined in Section 6.0 –Port - Terminal Specific Requirements (security).

2.2 The overall classification of work associated with this contract is UNCLASSIFIED.

Personnel assigned to this contract will not require access to Non-Secure Internet Protocol

Router Network (NIPRNet) applications or UNCLASSIFIED government systems and are therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card

Logon (ASCL) tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. The Contractor shall screen all employees to ensure they do not have criminal records with the United States (US) or Poland, and all other Foreign Nationals

(FN), within their home country. The Contractor shall also screen employees to ensure they do not have terrorism or threat-related activity or alliances detrimental to the US or its Host Nation.

The Contractor shall screen all prior US military personnel (if Applicable) for military service criminal offenses. The Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government.

2.3.2 Screening shall complement applicable badging processes and enhance force protection measures through document examination; verification; and biographical and security interviews.

Any applicant who refuses screening shall result in denial of applicant’s access for employment or termination. Once applicant screening process is complete, screening cell shall forward the packet with recommendation concerning that applicant’s suitability for access. Any derogatory information may result in applicant’s access denial or termination. Applicants who have been denied access due to derogatory information may file an appeal to the PCO for review.

2.3.3 Persons Excluded from the Premises. The Contractor shall not allow a person who has been banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to government operations.

2.3.4 Persons with Restricted Duties. The Contractor shall not allow a person restricted by any authority from certain equipment or areas to operate that equipment or enter those areas.

2.3.5 The Contractor personnel shall read and comply with applicable DOD security regulations, policies, and procedures for access to installations and facilities.

2.3.6 The Contractor is responsible for being aware of and complying with requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to the Contractor’s failure to comply with the applicable Port, Facility or Installation Access Control processing requirements.

2.3.7 Upon termination or completion of this contract, the Contractor employee will surrender all Government supplies, materials, and equipment to the COR. In addition, the Contractor will turn in any security badges issued to the COR on the last day of the contract or upon any termination/reassignment of a contract employee.

2.3.8 Derogatory Information. If the Government notifies the Contractor that employment of any contractor employee is prejudicial to the interests or endangers the security of the United

States of America, the Contractor shall remove and bar that person. This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period. The Contractor receiving award of this task order shall make any changes necessary in the appointment(s).

2.3.9 Operations Security (OPSEC). All information furnished to the Contractor is to be used

FOR OFFICIAL USE ONLY (FOUO). The Contractor is required to be aware of OPSEC requirements from SDDC. Information determined as FOUO or included as part of the OPSEC

Critical Information List (CIL) is not to be released to the public. The Contractors personnel shall protect privacy, sensitive information, and “FOUO” data for duration of the performance of this contract.

2.3.10 Persons employed by U. S. Army contractors will report threat-related incidents, behavioral indicators, and other matters of Counter-Intelligence (CI) interest specified in AR

381-12, Chapter 3, to the Facility Security Officer, the nearest military CI Office, the Federal

Bureau of Investigation, or the Defense Security Service.

2.3.11 Foreign Entity Vetting. The Contractors shall submit a semi-annual report to the CO for each first tier foreign transportation service provider, operating as a separate legal entity, contracting directly with contractor or its commonly owned legal affiliate which has employees who may have physical contact with Government shipments in the ordinary course of contract performance. See appendix E for further instruction for this requirement. Compensation for services defined in this paragraph are included in the commodity rates established in the SOR.

2.3.12 Base access. The Contractors employees to include sub-contractors will comply with base access and control procedures, personnel that have not been cleared for entry to secured working area/s will be denied entry, and the Government shall not be liable for wages of such denied personnel.

2.3.13 Vehicle Identification. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of this contract. The Contractor will submit a comprehensive list of vehicles required during the duration of this contract immediately upon award to the COR in order to obtain access clearance. The list shall identify vehicle type, license plate, and owner/ company name. Personally Owned Vehicles shall not be authorized entry unless identified as official vehicles critical to the success of the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

Security Regulation & Compliance. The Contractor will be required to comply with all security regulations and directives as identified herein, and other security requirements located in this contract. The contractor shall not divulge any financial, planning, programming, or budgeting information without the express consent of the Government as outlined in Operational

Security (OPSEC) and Information Security regulations. Management personnel assigned to the contract is required to complete annual anti-terrorism/force protection and threat awareness and reporting program training, as designed by the CO or COR, attendance shall be at the

Contractors expense.

2.3.15 Security Regulation Guidance found at https://www.esd.whs.mil/dd/. Select under “DOD

Issuances” the following DoD Instructions and Manuals.

Department of Defense (DOD):

2000.12 (DOD Antiterrorism (AT) Program)

2000.16 (DOD Antiterrorism (AT) Standards)

5200.01 Volumes 1-3, (DODM Information Security Program)

5200.02 (DODM Procedures for the DOD Personnel Security Program)

5200.08-R (DOD Physical Security Program)

5220.22-M (National Industrial Security Program)

8500.1 (DODI Cyber Security)

2.4 Cyber Security Operationally Critical Support. The services designated under this contract are “operationally critical support” as defined in DFARS 252.204-7012.

2.4.1 Cybersecurity Incident Reporting. In addition to the DFARS 252.204-7012 reporting requirements for unclassified systems and DoD Manual (DoDM) 5220.22, reportable cyber-incidents include, but are not limited to, the following:

2.4.1.1 Unauthorized data exfiltration, manipulation or disclosure of any DoD information resident on or transiting the contractor's (or its subcontractors') unclassified information systems or networks.

2.4.1.2 Unauthorized access to the contractor’s (or its subcontractors’) unclassified or classified information system(s) or networks(s) on which DoD information is resident or transiting.

https://www.esd.whs.mil/dd/

2.4.1.3 Cyber-incidents as listed in the MITRE ATTACK Framework available at https://attack.mitre.org/, incorporated herein by reference, which affect network or information systems where DoD information is resident or transiting.

2.4.1.4 Notifications by a federal, state, or local law enforcement agency or cyber-center (i.e., National Cyber Investigative Joint Task Force (NCIJTF), National Cybersecurity &

Communications Integration Center (NCCIC)) of being a victim of a successful or unsuccessful cyber-event, anomaly, incident, insider threat, breach, intrusion, or exfiltration.

2.4.2 If the cyber-incident affects a classified system, vulnerabilities associated with the incident will be classified per the current version of USTRANSCOM Instruction 31-02, Security

Classification Guide.

2.4.3 Cybersecurity Incident Reporting Timelines. In addition to providing the notification required by DFARS 252.204-7012, the contractor is required to notify USTRANSCOM as soon as practicable, but no later than 4 hours after discovering a reportable cyber-incident. The reporting timeline begins when the incident is discovered or reported to the company, its employees, contractors, or cybersecurity firm responsible for providing cybersecurity and response for the company. The contractor shall contact the USTRANSCOM Cyber Operations

Center (CyOC) via phone at +618-220-4222. If the contractor does not immediately reach the

CyOC via phone, the contractor shall send an email notification to transcom.scott.tcj6.mbx.cyoc@mail.mil.

2.4.4 Mandatory Reporting Data. The contractor shall work with the USTRANSCOM

CyOC through resolution of the incident. Within 4 hours of becoming aware of a reportable cyber-incident, the contractor shall provide an initial notification of the incident, even if some details are not yet available, which includes, but is not limited to, the following information:

(a) Company Name

(b) Who will be the POC with contact information

(c) Contracting Officer POC (name, telephone, email)

(d) Overall Assessment –Description of incident, data at risk, mitigations applied

(e) Indicators of compromise

(f) Vector of attack (if known)

(g) Estimated time of attack (if known)

2.4.4.1 The contractor shall provide a follow-on cyber-incident report to the USTRANSCOM

CyOC within 24 hours of becoming aware of a reportable cyber-incident, which includes, but is not limited to, the following information:

(a) Contractor unique Commercial and Government Entity (CAGE) code

(b) Contract numbers affected

(c) Facility CAGE code where the incident occurred if different than the prime

Contractor location https://attack.mitre.org/ mailto:transcom.scott.tcj6.mbx.cyoc@mail.mil

(d) POC if different than the POC recorded in the System for Award Management

(name, address, position, telephone, email)

(e) Contracting Officer POC (name, telephone, email)

(f) Contract clearance level

(g) Name of subcontractor and CAGE (if applicable) code if incident occurred on a subcontractor network

(h) DoD programs, platforms, systems, or information involved

(i) Location(s) of compromise

(j) Date incident discovered

(k) Type of compromise (e.g., unauthorized access, inadvertent release, other)

(l) Description of technical information compromised

(m) Any additional information relevant to the information compromise

2.4.5 Incident Reporting Coordination. In the event of a cyber-incident, USTRANSCOM may conduct an on-site review of network or information systems where DoD information is resident on or transiting to assist the contractor in evaluating the extent of the incident and to share information in an effort to minimize the impact to both parties. Date and time of on-site visits will be mutually agreed upon by USTRANSCOM and the contractor in advance.

2.4.5.1 The contractor agrees to allow follow-on actions by the Government (e.g., USTRANSCOM, Federal Bureau of Investigation, Department of Homeland Security, DC3, etc.)

to further characterize and evaluate the suspect activity. The contractor acknowledges that damage assessments might be necessary to ascertain an incident methodology and identify systems compromised as a result of the incident. Once an incident is identified, the contractor agrees to take all reasonable and appropriate steps to preserve any and all evidence, information, data, logs, electronic files and similar type information (reference NIST Special Publication 800-

61: Computer Security Incident Handling Guide, (current version)) related to the incident for subsequent forensic analysis so that an accurate and complete damage assessment can be accomplished by the Government.

2.4.5.2 The contractor is not required to maintain an organic forensic capability, but must ensure data is preserved (e.g., remove an affected system, while still powered on, from the network) and all actions documented until forensic analysis can be performed by the Government or, if the

Government is unable to conduct the forensic analysis, a mutually agreed upon third party (e.g., Federally Funded Research and Development Center (FFRDC), commercial security contractor, etc.). Any follow-on actions shall be coordinated with the contractor via the Contracting Officer.

2.4.5.3 The contractor agrees to indemnify and hold the government harmless for following any recommendations to remedy or mitigate the cyber-incident following the actions under 2.4.5 and

2.4.5.2.

2.4.6 Confidentiality and Non-Attribution Statement. The Government may use and disclose reported information as authorized by law and will only provide attribution information on a need-to-know basis to authorized persons for cybersecurity and related purposes (e.g., in support of forensic analysis, incident response, compromise or damage assessments, law enforcement, counter intelligence, threat reporting, and trend analysis). The Government may share threat information with other USTRANSCOM industry partners without attributing or identifying the affected contractor.

2.4.7 Subcontracts. The contractor shall include the above cybersecurity language in paragraphs 2.4 through 2.4.7.1 in subcontracts, or similar contractual instruments, including subcontracts for commercial items, without alteration, except to identify the parties.

2.4.7.1 The contractor shall require subcontractors to report cyber-incidents defined in paragraph

2.4.1 to the prime contractor when DoD’s information resides on the subcontractor’s system(s) or network(s).

2.5 Handling of Non-Public Information. In performance of this contract, the contractor may have access to DOD information. The contractor agrees:

To use and protect such information from unauthorized disclosure IAW DOD

Instruction 8582.01: Security of Unclassified DoD Information on Non-DoD

Information Systems;

To use and disclose such information only for the purpose of performing this contract and to not use of disclose such information for any personal or commercial purpose;

To comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g., medical, proprietary, critical program information, export controlled);

To obtain permission of the Government Program Manager before disclosing/discussing such information with a third party

3. GENERAL SAFETY REQUIREMENTS

3.1 General Safety Requirements of the Contractor are defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contact are further defined in Section 6.0 –Port - Terminal Specific Requirements (safety).

3.2 The Contractor shall comply with, enforce and monitor applicable host nation, international, local installation and SDDC 838th Transportation Battalion safety and fire regulations. The COR will log any discrepancies within the defined quality performance process.

The Contactor shall establish and maintain an effective and comprehensive safety program. The

Contractor shall support the SDDC Emergency Disaster Plan. The Contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR

1918.101-106) and devices necessary to protect employees on the installation, port, and the vessel.

3.2.1 The Government reserves the right to halt Contractor operations when the Operations

Officer, COR, or other Government representative observes unsafe practices; where harm to life or damages to property are possible. The Contractors operations shall not resume until such time as the Contractor corrects and revises their methods of operation to the COR satisfaction. The

Government shall not compensate the Contractor for any standby or detention time incurred by the safety violation and may hold the Contractor liable for any costs incurred by the Government, if operations are halted due to the Contractors unsafe practice or violation.

3.2.2 The Government may conduct additional safety briefings when necessary, directed by the local Commander’s guidance, during which time the Contractors labor is placed on standby time.

The Government safety briefing will include information as prescribed in paragraph 3.7 and any other necessary terminal or Command related safety information. Compensation shall be set forth in Schedules 2 of the SOR.

3.3 The Contractor shall adhere to local authority, and DOD standards for a safe working load for cargo handling gear, MHE and ship’s gear. The Contractor shall ensure their employees wear hard hats at all times when working in “designated hard hat areas” the Contractor shall at a minimum ensure employees wear hardhats in aboard vessel(s), wharves, terminal warehouses, and open storage areas when in and around military cargo.

3.4 The Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight (8) hours of rest between shifts before starting another work. The unit commander, through the COR, will conduct risk assessments and make the decision weather contracted labor may work beyond the requirement.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP)”. The plan will clearly outline procedures for emergency HAZMAT cleanup, or POL spills from military cargo shipments, or leaking Material

Handling Equipment (MHE) (for example forklifts, tugs, and container top handlers) owned or leased by the Contractor, to include mitigating damage to property or the environment. When the Contractor does not have sufficient resources of his own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean

up. The Contractor shall pay for any such clean up resulting from the Contractor’s equipment or leaks caused by the Contractor by damage to military cargo shipments and must comply with hazardous spill procedures in the Emergency Response Plan.

3.5.1 The Contractor shall provide a qualified Contractor Environmental Compliance Officer

(ECO) for HAZMAT handling who will assume command and control of the situation by securing the scene, providing incident command and control, evacuating personnel, stopping the release, containing spills, and decontaminating personnel. Request mutual aid from surrounding installations as required. Services defined in this paragraph are included in the commodity rates established in schedule in the SOR.

3.5.2 Military Cargo Shipments. Military cargo leaking POL or hazardous substances not caused by contractor’s damage, the Contractor shall not be responsible for the cost of cleanup.

However the Contractor shall attempt to contain the leak and clean up the spill. The Contractor shall report immediately to the COR and Port Emergency Response Officer for any leakage or spillage of hazardous substances on the ground or any leakage or spillage. The Contractor shall not move any cargo leaking or spilling POL or any hazardous substances, to which the

Contractor shall be responsible for cleanup at their expense. The Government shall compensate the contractor for cleanup of spills at established extra labor, equipment rates and materials used in the process of the cleanup.

3.5.3 The Contractor shall follow the directives provided by the Port Emergency Response

Officer who will be responsible for assuming command and control of the situation by securing the scene, providing incident command and control, evacuating personnel, stopping the release, containing spills and decontaminating personnel. Any clean-up efforts will be tracked by the

Contractor and reported to the COR.

3.5.4 The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities to include but not limited to: A written Spill Contingency and Response Plan shall be submitted to the COR within ten (10) calendar days of contract award. At a minimum, this plan shall comply with all applicable directives of the environmental guidance and instructions per the United States Coast Guard (USCG) or Polish Government officials. The Contractor’s Spill Contingency and Response Plan (SCRP) shall specifically describe how the Contractor will prevent and respond to spill incidents. In addition, an acceptable secondary containment plan must be submitted in writing as part of the Spill

Contingency and Response Plan.

3.5.5 In the event of accidental or deliberate discharge and the Contractor fails to mitigate and report the environmental hazard or spill, the Contractor shall be held liable for all costs associated with the incident.

3.5.6 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and

Lubricants (POL). At the contractor’s expense, the Contractor shall provide containment devices of various sizes if required for temporary and permanent storage facilities that retain

POL substances, hazardous materials and hazardous wastes (i.e. - new and used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, etc.).

3.5.6.1 The Contractor shall coordinate secondary containment units for all bulk POL storage tanks, fuel cans, barrels, bladders, etc. In addition, secondary containment units’ requirements apply to all tanks and/or containers from 5 to 55 gallons to include mobile tanker trucks used for refueling operations. All secondary containment structures shall be free from soil and sand accumulations.

3.5.6.2 In the event hazardous materials are required to be stored at the port where S&RTS contract services are being provided, the Contractor coordinates the use of storage cabinets with current inventory sheet and Material Safety Data Sheet (MSDS) provided to the Port Safety

Officer.

3.6 Specialized Government Equipment Operation and Familiarization. DOD contractor employees assigned to operate Government-owned or Government-leased equipment in the performance of their contract will be in compliance with the licensing requirements of the

USG and applicable foreign nation motor vehicle laws and certified, by the contractor and at the contractor’s expense, as being fully qualified to operate the equipment which they are assigned.

IAW Army Regulation (AR) 600-55, The Army Driver and Operator Standardization Program

(Selection, Training, Testing, and Licensing. At minimum, personnel operating USG military vehicles will be familiarized in:

Basic hand and arm signals;

Emergency stopping procedures;

Start-up and shutdown procedures;

Location of controls;

Demonstration of vehicle blind spots; and

Preventive maintenance checks and services.

The prime contractor must document all required operator qualifications and provide this documentation (Commercial Driver’s License (CDL), with hazardous material endorsements)) to the COR prior to the Contractor’s personnel engaging in equipment operation. The COR will retain this documentation for record. If the Government makes “operation and familiarization” training available onsite, the Contractor shall attend training those training events at Man-hour rates per schedule 2 of the SOR. The Contractor shall ensure that sufficient pools of vehicle operators are available to operate Government vehicles within confines of the port (29 CFR

1917) as required. Specialized Government vehicles may include, but are not limited to, all classes of Trucks, Stryker vehicles, Heavy Equipment Transporters (HETS), Mine Resistant

Ambush Protective (MRAP) vehicles and Armored Tracked vehicles.

3.6.1 The Contractor will only move equipment that their personnel are licensed or certified on.

All other equipment will be moved by the PSA or licensed and authorized US Government approved personnel.

3.6.1.1 New specialized vehicle models. At times, the Government may have field service representatives or vendor training onsite for new vehicle modeled equipment. The Government shall identify and provide vehicle specific training requirements for the Contractor’s employees to attend. The COR will coordinate the training events with the Contractor to ensure maximum participation. The Contractor’s labor shall participate at Man-hour rates as established in the

SOR.

3.6.2 Operating Government vehicles. The Contractor shall ensure personnel operating

Government Vehicles possess valid commercial vehicle driver’s licenses as required for operating military vehicles on and off the port.

3.6.2.1 Commercial Truck Drivers. The Contractor shall ensure drivers of commercial motor vehicles shall have a valid commercial driver’s license appropriate to the type of equipment being operated when picking up military cargo laden with Hazardous Materials (HAZMAT), to include Arms, Ammunitions and Explosives (AA&E). The contractor shall ensure commercial truck drivers are licensed and shall have the appropriate HAZMAT endorsement before releasing cargo.

3.6.2.2 The Contractor shall not use ammunition and explosives laden MHE or vehicles during operator training at any time.

3.6.3 The Contractor will establish a remedial training program for drivers or operators who have had driver at-fault accidents or traffic violations, misused equipment, or otherwise demonstrated a need for additional training on military vehicles or equipment. The COR may also identify individuals who require remedial training. The Contractor shall direct this training towards identifying and correcting individual weaknesses. The Contractor shall conduct remedial training at no cost to the Government.

3.6.4 The Contractor shall provide as part of this contract two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW CFR49 Part 172.704(d) for each operation and port location when handling HAZMAT cargo. The POC will ensure that their employees comply with “DFARS 252.223-7002; SAFETY PRECAUTIONS FOR

AMMUNITION AND EXPLOSIVES, DOD 4145.26-M; DOD CONTRACTORS SAFETY

MANUAL FOR AMMUNITION AND EXPLOSIVES and DESR 6055.09; DEFENSE

EXPLOSIVES SAFETY REGULATION in handling ammunition and explosives. The

Contractors personnel shall meet the qualification for personnel who pack dangerous goods;

load/unload cargo transport units; handle dangerous goods in transport; load/unload dangerous goods into/from ships as specified in IMDGC Chapter 1.3; Training and 49CFR Part 172 Subpart

H; Training.

3.6.4.1 The Contractor shall provide the COR with a list of names each day of those drivers assigned to handle specialized vehicles, HAZMAT, or ammunition laden cargo per operation.

The list shall include a statement from the Contractor verifying that individuals performing these driving functions comply with All Army Activities (ALARACT) Message 069-2014 and AR

600-55. The Government reserves the right to stop Contractor personnel at any time to verify their qualifications against the approved list of personnel scheduled to perform these functions.

Any person found non-compliant, the Contractor shall remove from handling cargo and the incident reported to the COR, who shall report the incident in the monthly performance report.

3.7 Safety Briefings. The Contractor shall, as part of the commodity operation, conduct and document safety briefings for all workers prior to all operations and at each shift change thereafter, and must brief new workers as any new labor is added. The Contractor will conduct safety briefings with the presence of a SDDC Government representative. The COR or SDDC

Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractors labor prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor will relate to the type of operation

(e.g. truck, vessel, rail, yard, crane, etc.), and, at minimum must meet, local authority and/or

DOD regulatory guidance, or host nation requirements whichever is more stringent. Safety briefings shall be conducted in both English and, as applicable, in the host nation local language.

Safety briefing should include the following basic information:

3.7.1 Overall General Safety Requirements

Work tasks being performed

Responsibilities – (who reports unsafe conditions and to whom)

Injury and property damage reporting procedures

Required PPE for personnel on the terminal

Designated smoking areas

Emergency procedures - phone numbers, evacuation routes/procedures, rally locations, accountability

Location of emergency equipment - fire extinguishers, PFDs

Weather/temperature conditions

Communication - signals, flagman duties, radios, no cell phones etc.

Walking/Tripping Hazards

Pedestrian and traffic movement

Gangway & Ramp Safety

Person in water/man overboard - prevention, recovery and survival

3.7.2 Traffic Safety

Driver distractions (no cell phones)

Seat belts must be use

Pier specific vehicle procedures - lights, keys, mirrors etc.

Speed limits – pier side, staging yards, and on the vessel

Parking locations

Traffic Flow

Use of ground guides when moving (ramp/backing/stow)

Rail crossings (if applicable)

3.7.3 Task or Terminal-Specific (as applicable)

Terminal and yard configurations, distinctive characteristics

Safe equipment operation - MHE, vehicles (verify trained/certified/licensed)

Safe explosives handling procedures - (verify trained/certified/licensed)

Vessel safety (ramps guards, ramp traffic)

Ladder Safety

Use of fall protection

Safe lifting and lashing procedures

Unusual loads

Net Explosives Weight (NEW) Limits

Evacuation distances and rally points

Fire-Fighting Guidance

First Aid (process/locations)

Report any dropped containers/munitions

3.8 Operation of Contractor equipment. The Contractor must maintain and operate all

Contractor equipment used during operations IAW applicable Host Nation, local authority, laws and regulations, DOD, Army, port, and terminal regulations, directives, instructions and pamphlets, whichever is more stringent. Damage to cargo or injury related to use of non-compliant equipment or improper use of equipment will result in immediate non-use of that

Contractor equipment until the Contractor replaces the equipment or takes corrective action to repair equipment. The Contractor will replace any non-compliant equipment so that there will be no delay or hindrance to operations. The Contractor must notify the COR when the equipment is made compliant, and before it is used again.

3.9 Damage, Accident, and Loss Reporting.

3.9.1 The Contractor shall immediately notify the COR of any incident and/or accident that results in damage to cargo or property, release of HAZMAT, injury, and/or death to any personnel during or arising from performance under this contract.

3.9.2 In all instances where a reportable accident (that meets the minimum criteria IAW AR

385-10 & DA PAM 385-40 for ground Class A–D accidents) or incident occurs, the Contractor shall submit a preliminary accident investigation report to the COR and SDDC Safety Officer within 24 Hours. A full accident investigation report identifying all root causes and corrective actions shall be provided to the COR and HQ SDDC Safety within 30 Days. The Contractor will also report all accidents or cargo damages that do not meet minimum criteria to the COR.

3.9.2.1 The Contractor shall submit documentation to the COR verifying the qualifications and task training for each employee involved in the incident/accident.

3.9.2.2 The Contractor shall submit all maintenance records for Contractor-supplied equipment involved in the incident/accident.

3.9.3 The Contractor shall assist the Government during any investigation of an accident or serious incident.

3.9.4 After an accident or serious incident occurs, the Contractor shall secure the accident location and preserve critical evidence. The Contractor shall also allow Government personnel access to the location, any evidence, and any contractor-employed witnesses to include operators involved in the accident. Operations will not resume until cleared by the COR, SDDC Safety

Officer, and local authorities.

4. GENERAL CONTRACT ADMINISTRATION

4.1 General contract administration is defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract are further defined in Section 6.0 –Port - Terminal Specific Requirements (administration).

4.1.1 Port Licensing and Permits. The Prime Contractor or its named Subcontractor shall possess a valid and current Business License (BL) or work permit issued by the applicable Port

Authorities by the host nation as evidence to work at all named ports within this PWS (see geographic info section 6.1) and must provide copies (prime and subcontractors) to the CO for record.

4.1.2 RESERVED

4.1.3 The Contractor shall provide a contract manager(s) and at least two (2) alternates who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers for each of the contract manager(s) and their alternates where these persons may be contacted during and after duty hours. The contract manager(s) shall have, as a minimum, five

(5) years demonstrated experience in directing and managing port handling operations. Their alternates shall have, as a minimum, three (3) years demonstrated managerial experience in the port handling business. The contract manager(s) and alternates must be able to read, write, speak, and understand English fluently.

4.1.4 The contract manager(s) and alternates shall have full authority to act for the Contractor on all matters pertaining to the performance of services under this contract.

4.1.5 During the performance of this contract, the Contractor may work simultaneous cargo handling operations, at multiple work sites. The Contractor shall have their contract manager(s) or alternates present at each work site and accessible to the COR at all times. At any other time

(i.e. outside cargo operations) the contract manager or designated alternate shall be available to the COR by telephone.

4.1.6 The contract manager and alternates shall meet as necessary with Government personnel designated by the contracting officer to discuss contract performance or other problem areas or issues.

4.1.7 The contract manager and his alternates shall not be removed or replaced without informing the Contracting Officer.

4.2 Ordering Services. All stevedoring services performed will be ordered under Task

Order (TO). The TO template will be issued to the Contractor and IAW the clause of this contract.

4.2.1 All services shall be identified by the COR and conveyed to an appointed Ordering

Officer (OO). The OO will develop an initial commodity, man-hours, or miscellaneous cost estimate identifying all services agreed upon between the COR and the Contractor as soon as practicable and prior to the start date & time for each day S&RTS services ordered. The TO will incorporate terminal services and vessel work separately. Terminal services will be calculated by the documented week (Doc-Week, Sunday – Saturday). Vessel work will be per vessel. Any work performed without an issued TO will be at the expense of the Contractor.

4.2.2 During an operation, the COR may also verbally identify additional labor, services, or equipment needed to the Contractor when necessitated by the operation and issue a signed written request. The Contractor shall confirm with the OO all verbal orders in writing within 24 hours of completing the operation.

4.2.2.1 The Contractor shall after each operation reconcile all services ordered with the COR and review all completed and signed (digital or wet signature by both the COR and Contractor) supporting documentation (SDDC forms MT 288, 290, log book, tally sheets, and time sheets).

The OO will finalize each TO with the COR, accounting for actual Contractor performance within 7 days. The OO will submit a final Amended TO to the Contractor for invoicing. The

Contractor shall submit an invoice for payment to the COR for certification and submit the invoice for processing.

4.3 Out-of-Pocket (OOP) Expenses. OOP expenses involve the reimbursement of actual payments made by the Contractor to a third party vender or for supplier on behalf of the

Government.

4.3.1 3rd Party logistics (3PL). The Contractor shall supplement S&RTS services with 3rd party services when outside commercial licensed or certified services are needed, examples include but not limited to agricultural vehicle or container pressure-washing services, pest and vegetation control, security services, vehicle or aviation fuel service, and specialized rental equipment. The Government shall reimburse the Contractor for actual cost (vender invoice or receipts required), and for any transportation expenses associated with furnishing ordered materials, equipment, supplies, and 3PL services.

4.3.1.1 The Government may source materials or third party vendors to support mission readiness at its discretion, and may direct the Contractor to procure those materials or services.

4.3.2 Reimbursable 3rd Party Logistics (3PL). 3PL supplies and services required for port or terminal Life Support Activities (LSA), to include, but not limited to, transportation, billeting, messing, mobile shower, and mobile laundry. All required by exception basis and approved by the CO to complete extended work required by and for Government personnel but throughout the contract’s Performance Work Statement has not required nor indicated intent to furnish.

4.3.3 Expenses must be substantiated by the Contractor by submitting the paid vendor invoice or receipt to COR. OOP expenses will be ordered and reimbursed only for mission related services and materials identified on TO template.

4.3.4 OOP expenses do not include expenses inherent to performing stevedoring and related terminal services. OOP expenses are for the purpose of purchasing new supplies or non-durable goods. The Contractor shall obtain written approval from the CO or COR for each item requested. All such materials or supplies shall become Government property and the Contractor shall recover all serviceable materials and supplies from each operation for re-use in subsequent ordered operations when possible. The Contractor shall gain prior written approval before the purchase of additional materials from the CO for OOP expenses exceeding the threshold of

$3,500 per individual item, additionally administrative fees (e.g. delivery charges or taxes) are allowable OOP expenses and compensation shall be set forth in Schedules 8 of the SOR.

4.3.5 Government owned is defined as either materials purchased by the Government for use in support of this contract or materials purchased by the Contractor for use. All material purchases shall be approved as an OOP expense by the COR for Government use and for which the

Contractor presents to the OO valid vendor receipts for reimbursement.

4.4 Training and Contingency Operations. The Government reserves the right to conduct training or contingency port operations for Department of Defense (DOD) personnel. During these scheduled or contingency port operations the Government may elect to load or discharge any vessel or perform any related terminal operation. During these scheduled training or contingency events, the Government may utilize military personnel for loading and discharging the entire or part of the vessel, or to conduct routine terminal or other port operations or any part of the operation thereof. Unless services are otherwise ordered, the Contractor shall not receive any compensation for cargo handling operations conducted by the DOD during these training or contingency operation events, however compensation for Contractor provided equipment, staging or other facility support shall be paid at established rates in the SOR.

4.4.1 The Government will inform the Contractor when such training or contingency operations are scheduled or as soon as known, but No-Later-Than (NLT) 48 hours prior to the event. During these training or contingency special operations events, the Government may request from the Contractor to provide in part or normal S&RTS services, as determined by the

COR then ordered by the OO. The COR shall also determine classes of labor and equipment to support those designated DOD operations. The Government shall compensate the Contractor for labor and equipment at man-hour and equipment rental rates established in Schedule 2 and 4 of the SOR.

4.4.2 In addition to the above, Government reserves the right to use skilled military drivers to operate, load, and discharge specialized, unique military vehicles and equipment at any time when determined by the COR. When military drivers are utilized the Contractor shall provide other designated support labor and equipment for all other stevedore related work (example:

lashing, unlashing, or towing cargo) associated to that military operated cargo. The Government shall compensate the Contractor at the lashing or unlashing commodity rate/s for only those pieces of cargo operated by military drivers. Commodity rates shall apply for all other cargo handled by the Contractor.

4.5 Commodity Operations. Government cargo is defined into four general commodity categories: containers, vehicles, aircraft, and breakbulk. Each category can be further classified and priced as follows. Please refer to appendix B of the Glossary.

Commodity 20 – Explosives and Hazardous commodities packed in pallets, creates, boxes (includes gases, or radioactive), shall be priced in MTON’s

Commodity 25/45 - Containers 20’and 40’in length or multiple knuckled containers configured into Twenty Foot Units (TEU’s), shall be priced in each.

Commodity 35 - Aircraft shall price in eaches

Commodity 40 - Breakbulk items shall be priced in MTON’s

Commodity 44 - Containers less than twenty foot in length shall be priced in eaches (i.e.

ISUs, Bicons, Tricons, Quadcons)

Commodity 60, 61, and 67 – Vehicles and trailers classified by weight, shall be priced in each (EA) or (by the piece)

4.5.1 Commodity Rates. Commodity rates are inclusive of all planning activities, labor, gear, equipment, documentation, and may include other related or associated to handling and movement of US Government cargo. Labor for commodity rates are based on work performed during normal work day scheduled hours Monday through Friday.

4.5.2 Pricing. The Governments preferred method of pricing by the piece as Each (EA) or (by for containers, vehicles (based on weight class), and aircraft, and Measurement Ton (MTON) for breakbulk cargo.

4.5.3 Measurement Ton Calculations. The Government shall calculate MTON using cargo dimensional data, Length, Width, and Height divided by forty (40) cubic feet. Example;

Dimensional measurements of (L) 240in (W) 96in (H) 96in divided by 1728 then divided by 40 will equals 32 MTON’s. This would look like 240”times 96” times 96” equals 2,211,840 square inches divided by 1728” (square inches in cubic foot) divided by 40 Cubic foot, this would equal

32 MTON’s.

4.5.4 Exceptions to Commodity Rates. Whenever a particular type of cargo is handled for which no commodity rate has been established, it shall be handled using the Extra Labor (XL) and Equipment Rental Rates (EQR) rates established by the applicable SOR schedule. If the

COR determines it’s necessary to establish additional commodity rates, the COR will advise the

CO for a SOR modification for the remaining period of the contract.

4.6 TABLE 1— Cargo Handling (Commodity) Operations

**NOTE: The Government defines the following cargo handling operations into services, the table does not define each service as separate billable item(s). Example: Schedule 1A1 - Loading

Vessel, loading cargo on a vessel will inherently include moving cargo from its place of rest

(regardless of method) and stowing it aboard the vessel, this includes but not limited to driving, towing, or draying the cargo aboard the vessel, lashing, inspections, documentation, checking, tally, debris removal, housekeeping, and reconciling the operation with the COR.

Services Description

Loading The act of moving cargo from its final place of rest to a conveyance (vessel, truck, or rail)

Discharge The act of unloading cargo from a conveyance

(vessel, truck, or railcar) to a designated final place of rest

Receipt The act of documenting cargo arriving into the port, by (truck, rail, vessel or convoy).

Disposition The act of documenting the onward movement of cargo from the port or terminal to its final destination.

Lashing and Un-lashing (only) The act of providing only lashing or unlashing

(tie-down) of cargo aboard a vessel.

Stuffing The act of loading cargo inside a container, or onto flat-racks from its final place of rest

Unstuffing The act of unloading cargo from a container or flat-rack to its final place of rest

Stripping The act of discharging cargo from vessel owned assets (MAFI’s) to its final place of rest.

Cross Docking The act of transferring cargo directly from one incoming conveyance to another outgoing conveyance, with little stoppage of cargo moving onward to its final destination.

Transfer The act of moving cargo from its place of rest to another place of rest within the port or between local ports

Inland Transportation Land based conveyances, used for movement of cargo into or out of the port.

4.7 Minimum Time, Standby Time, and Detention

4.7.1 The Contractor shall perform the services described in this PWS seven (7) days per week, 365 days per year. The Government will give the Contractor notice of upcoming missions at least seven (7) days in advance. The Government will provide a planning meeting prior to each mission and technical direction will be given to establish when Contractor services are to commence. In addition, specific details for the facilities, services and supplies will be provided by the COR. For every operation the Contractor shall be informed at least 24 hours prior to operational start time and shall identify, at that time, any necessary deviation that will require a mutually accepted new start time. Equipment positioning and set-up will take place prior to operational start time.

4.7.2 Hours of Operations

For the purpose of this contract working hours are broken down as follows:

1st shift 06:00-17:45 hrs.

2nd shift 18:00-05:45 hrs.

Shift breaks: 17:45-18:00 hrs. (Evening) & 05:45-06:00 (Morning)

** “Working hours/shifts will be established with the COR prior to all…